The Panama Papers: The untold India story of the trailblazing global offshore investigation
Authors: Ritu Sarin, Jay Mazoomdaar and P. Vaidyanathan Iyer
Publisher: Penguin Random House 2019
The book revolves around the leaks of the financial and legal documents of Panamanian law firm "Mossack Fonseca" by ICIJ (International Consortium of Investigative Journalists)
ICIJ took up many projects to leak and investigate the few cases involving public interest like Paradise Papers, Panama papers, Swiss leaks, Luxembourg leaks etc which are related to public policy and shaped discourses in public life revolving around misuse of legal and regulatory framework in different countries.
Chapter 3 “Taking the plunge” Making sense of the biggest leak ever and Mossack Fonseca (MF) discusses the modus operandi of MF. Being a secret project the utmost precaution and confidentiality was expected as any hint or leak may jeopardize not only the India related stories but will have ramifications over 250 reporters of ICIJ. The details of Mossack Fonseca and its network across nations though not formally operating in brick-mortar but through network of CA and Law Firms who acted as first point of reference
The chapter The Deep Dive discusses the names which were initially thrown up by the cursory search and how they were narrowed down through information to names like Lokesh Sharma, IPL fame, Rosy Blue diamond group of Mehta’s, Gehlaut family of India Bulls, PRS Oberoi of Oberoi Hotel fame. The detailed follow ups on each case are discussed in latter part of the book.
Chapter 5 titled as “Knocking on Doors” and Chapter 6 “Hits and Misses” details the further investigation on the names coming in preliminary searches. The team divided the names into 3 categories as firstly those which were public figures and renowned corporates which were easily verifiable. Second category belonged to those names which were not prominent and were fronts of their employer’s family which required spot verification. This was done through network of already existing reporters of Indian Express. In few cases, the trio of Ritu Sarin, Jay and Vaidy themselves embarked on the process of verification of antecedents of the persons whose name appeared in the list and their experience is like one which the investigators of Income Tax dept come across often in their line of duty. The verification was to be conducted not only in Delhi but in Kolkata, Mumbai, Hyderabad etc. with confidentiality and 100 % accuracy. Each of the trail is an interesting read.
Some major breaks worldwide include names like Nawaz Sharif, former PM of Pakistan, Amitabh Bacchan and Aishwarya Rai, DLF Family head K.P. Singh, Gehlaut family of India Bulls, Vinod Adani, Niira Radia and IPL saga, Umesh Shahra of Ruchi Soya (now bankrupt) Fame among others. Infact, these leaks have caused some serious political upheavals across globe however their impact was limited in Indian Political space.
The last part of the books deals with the response of Government of India which is in public domain like instituting Multi Agency Group comprising CBDT, FIU, RBI etc. The veil of corporate secrecy and how in most of the cases it was the violation of domestic laws and regulations.
The book is an excellent piece of investigation as well as it guides through basics of taxation from Acts to case laws and case study. For people like me who worked in Investigation Directorate of Income Tax Department these are real life scenario’s whether be it a domestic case of tax evasion through innovative means or foreign bank accounts held without disclosing it to the tax authorities which is mandatory as per law. Still it can be made a compulsory read for Tax sleuths.
This book is also a must read for people related to corporate and finance world to take Buddhas' message home that "Three things cannot be be hidden for long The sun, the moon, the truth”. So, no point in devising an escape. Law will catch you soon. This book is equally important for students of journalism so as to get them an idea of investigative journalism and convey that no story will reach you unless you step out of your cubicle to find one. This piece gives you reason to think as to why people the rich and wealthy find it tempting to open foreign bank account inspite of very competitive tax rates unlike in 1970s. Most of the accounts, offshore vehicles were incorporated post 1990’s when economy was liberalised. Merely opening of subsidiary or bank account is not illegal per so. It becomes one when there is no disclosure mandated by law. We know this is not the first expose nor the last one.
Respect to the Indian Express and its team of journalists Ms. Sarin (more for she lost her spouse during the expose itself), Vaidy and Jay who pursued the lead and acted in confidential and devised their own strategy. The book like these are awards in itself to the writers for they have wider impact on public issues and policy matters concerning whole country as to how the system was manipulated through tax frauds, bribery, corporate jugglery and financial misreporting which can lead to distrust in system per se.
So, if you have an even an ounce of interest in the corporate world and investigative journalism, then this is must read.
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